H-1B Renewal Explained

H-1B renewal extends your authorized employment beyond your initial approval period. If you're approaching the end of your third year or nearing the six-year maximum, knowing the extension process, timeline, and eligibility requirements is critical for maintaining continuous work authorization. 

This guide covers when extensions become necessary, the step-by-step filing process, required fees, and options for extending beyond six years when pursuing permanent residency through employment-based green card categories.

What is H-1B renewal?

H-1B renewal extends your authorized stay beyond your initial approval. U.S. Citizenship and Immigration Services (USCIS) grants H-1B status in three-year increments, with a maximum of six years. When authorization nears expiration, your employer files an extension petition to continue employment legally.

The process involves filing Form I-129 (Petition for a Nonimmigrant Worker). This extension of stay request keeps your non-immigrant visa status active without leaving the country or entering a new lottery. Unlike the initial H-1B registration and lottery process, renewals don't require selection through the annual cap system. Before starting, you need to know when extensions become necessary.

When you need to renew your H-1B

Timing matters for maintaining uninterrupted employment authorization. Your employer must file before expiration, ideally three months in advance. Missing the deadline can result in gaps in work eligibility, even if USCIS approves the petition later.

Standard extension timeline

Your initial approval typically covers three years from your employment start date. This period is documented on your Form I-797 approval notice, which specifies your exact validity period. Before that period ends, your employer files an H-1B extension for another three years, bringing your total authorized stay to six years. Most H-1B visa holders follow this pattern: an initial three-year period, followed by one three-year renewal, totaling the six-year maximum allowed under immigration law.

Extensions beyond six years

H-1B workers pursuing permanent residency may extend beyond six years under specific circumstances. The American Competitiveness in the Twenty-First Century Act (AC21) allows extensions when you have an approved or pending I-140 petition. One-year extensions apply when your Form I-140 has been pending for at least 365 days before your H-1B expires. Three-year extensions become available when your I-140 immigrant petition is approved, but your priority date is not yet current due to visa backlogs. This provision is particularly important for workers from countries with lengthy green card wait times. With your renewal timeline established, the next step is confirming you meet the eligibility requirements.

H-1B extension eligibility requirements

Before your employer files the extension petition, confirm you meet all eligibility criteria. Your H-1B status must be valid at the time of filing, and you must have maintained compliance with your original H-1B petition terms, working only for your sponsoring employer in the approved specialty occupation role.

The position must continue to qualify as a specialty occupation requiring at least a bachelor's degree in a related field. If your job duties, work location, or salary changed substantially, your employer may need to file an amended petition before requesting an extension to maintain compliance.

For beyond-six-year extensions, you need documentation showing your employer has begun the green card process, typically through certified labor certification or an approved I-140 petition. Once requirements are confirmed, your employer begins the filing process.

The H-1B extension process: Step by step

The extension process follows a structured approach involving your employer, the Department of Labor, and USCIS. Each step has specific requirements, timing considerations, and documentation needs. Filing early and preparing complete documentation helps avoid delays and requests for additional evidence.

Step 1: Timing and preparation

Your employer should begin six months before your H-1B expires. Extension petitions are accepted up to six months in advance, providing a buffer for processing times. While you can file as late as the expiration date, earlier filing reduces the risk of status gaps and gives time to address any Requests for Evidence.

Step 2: Labor Condition Application

Your employer files a new LCA with the Department of Labor if the work location, duties, or wage level change. If these factors remain unchanged, the original LCA may still be valid. Labor certification processing takes seven business days through the DOL's electronic filing system.

Step 3: Form I-129 filing

Your employer submits the extension petition with the certified LCA, supporting documentation demonstrating continued qualification, evidence of the qualifying employer-employee relationship, and proof that you maintain specialty occupation employment. The petition goes to the appropriate USCIS service center based on your work location.

Step 4: Fee payment

Your employer pays all mandatory fees, which by law cannot be passed to you. The base filing fee is $460, the fraud prevention and detection fee is $500, and optional premium processing costs $2,805 for guaranteed 15-calendar-day adjudication. Additional fees may apply under Public Law 114-113 for certain employers.

Step 5: USCIS adjudication

USCIS issues a receipt notice confirming your petition was accepted. During adjudication, officers review your continued qualification, employer compliance, and specialty occupation requirements. If additional evidence is needed, USCIS issues a Request for Evidence specifying required documentation. Upon approval, you receive Form I-797 documenting your new validity period.

Step 6: Maintaining status during processing

You can continue working up to 240 days after expiration if your employer filed the H-1B extension before your status expired. This automatic extension of employment authorization prevents gaps while USCIS processes your case. International travel during this period requires careful planning, as discussed in the visa stamping section below.

Knowing processing times helps you plan your extension timeline effectively.

H-1B extension processing times and status

Standard processing takes two to six months, varying by USCIS service center workload and case complexity. Premium processing guarantees a decision within 15 calendar days for the additional $2,805 fee. Check your case status using your receipt number through the USCIS case status tool.

If your H-1B status expires while your extension petition is pending, you can continue working under the 240-day automatic extension provision, provided your employer filed before expiration. This protection applies to both work authorization and your legal nonimmigrant status. You cannot travel internationally during this period without risking your ability to re-enter, as your H-1B visa stamp will likely have expired.

Processing times directly impact the costs you and your employer should anticipate.

H-1B extension fees and costs

Your employer must pay all mandatory government fees by law. These include the base filing fee of $460, the fraud prevention and detection fee of $500, and potentially the Public Law 114-113 fee of $4,500 for employers with 50 or more U.S. H-1B employees where more than 50% hold H-1B or L-1 status.

Premium processing is optional at $2,805 and can be paid by either your employer or you, depending on your arrangement. This service guarantees USCIS will decide your petition within 15 calendar days rather than the standard two to six months.

The claim that H-1B extensions will cost $100,000 is inaccurate. Total mandatory government fees range from $960 to approximately $5,765, depending on employer size and whether premium processing is used. The confusion may stem from combining unrelated costs like attorney fees, recruitment expenses for permanent residency processing, or employer compliance costs across multiple H-1B employees. The extension petition itself costs a fraction of that amount.

While your employer handles the extension petition, you may need to address visa stamping separately if you plan international travel.

Visa stamping and international travel

Your H-1B extension approval updates your domestic status and employment authorization, but doesn't renew your H-1B visa stamp. These are separate documents serving different purposes. Your I-94 arrival/departure record shows your authorized period of stay inside the United States. Your H-1B visa stamp in your passport allows re-entry at U.S. ports of entry.

If you plan international travel, you need a valid H-1B visa stamp to return to the United States. Schedule a visa application appointment at a U.S. consulate, typically in your home country. Some H-1B visa holders qualify for interview waiver programs (also called dropbox appointments) if they're renewing within 48 months of the previous stamp's expiration and meet other criteria set by the specific consulate.

Traveling while your extension petition is pending carries risks. Departing the United States before USCIS approval can abandon your pending H-1B extension request. If you must travel during this period, consult with an immigration attorney to understand the specific risks and potential alternatives.

If you have family members on H-4 visas, their status requires coordination with your renewal.

H-1B dependent extensions (H-4 visas)

Your spouse and unmarried children under 21 maintain H-4 dependent status tied to your H-1B. When you file for extension, family members must file Form I-539 (Application to Extend/Change Nonimmigrant Status) to extend their H-4 visa. Their extensions cannot exceed your H-1B validity period.

If your spouse has employment authorization based on your approved I-140, they must renew their Employment Authorization Document separately using Form I-765. The H-4 visa extension and EAD renewal are separate processes with different forms, fees, and timelines. Plan both renewals well before expiration to avoid gaps in your spouse's work authorization.

H-4 dependents should coordinate their extension timing with your H-1B petition. If your approval is for three years, their H-4 visa extensions should request the same period. Processing for Form I-539 varies but typically takes several months without premium processing.

Beyond standard extensions, special rules apply if you're pursuing permanent residency.

Extensions beyond six years with approved I-140

If you're pursuing permanent residency through an EB-2, EB-3, or other employment-based category, the standard six-year H-1B limit doesn't apply when specific conditions are met. The American Competitiveness in the Twenty-First Century Act (AC21) allows extensions when your employer has initiated green card processing.

One-year extensions apply when your immigrant petition has been pending for at least 365 days before your current H-1B expires. This provision helps H-1B workers maintain visa status while USCIS processes their green card petitions.

Three-year extensions are available when your I-140 is approved, but your priority date is not current according to the Department of State Visa Bulletin. This commonly affects workers from India and China, experiencing lengthy backlogs in the EB-2 and EB-3 categories.

To qualify for beyond-six-year extensions, your employer must provide documentation of your pending or approved immigrant petition, evidence that the petition was filed at least 365 days before expiration (for one-year extensions), and proof that your priority date is not current (for three-year extensions). These extensions can be renewed indefinitely in one-year or three-year increments while you wait for permanent residency.

Knowing these requirements helps you avoid common complications.

Common H-1B extension issues and solutions

If USCIS issues a Request for Evidence, respond quickly with organized, comprehensive documentation addressing each point raised. Missing the RFE deadline results in petition denial. Work with your employer and legal counsel to compile evidence demonstrating continued qualification.

If your employer changes during your extension period, the new employer must file a new H-1B petition. You can begin working for the new H-1B employer once USCIS accepts the petition and issues a receipt notice, a benefit called H-1B portability. The new petition replaces your pending request with the previous employer.

If your extension is denied, you typically have a 60-day grace period (or until your I-94 expires, whichever is shorter) to find a new sponsor, file a motion to reconsider, or depart the United States. During this period, you cannot work. Your employer may appeal the decision or file a new H-1B petition with additional evidence.

Timely filing is critical. Filing even one day after expiration eliminates the 240-day automatic extension provision and creates a gap in employment authorization. If circumstances prevent timely filing, consult with an immigration attorney about potential remedies, such as O-1A visa or TN visa options, depending on your nationality and qualifications.

Choosing the right support partner

The H-1B extension process requires coordination across multiple government agencies, extensive documentation, and strict compliance with regulatory standards. The extension process involves the Department of Labor for Labor Condition Applications, USCIS for petition adjudication, and potentially the Department of State for visa renewal stamping. Missing a deadline, submitting incomplete evidence, or failing to maintain proper documentation can result in gaps in employment authorization, denied petitions, or complications with your permanent residency timeline.

Lighthouse helps H-1B workers and H-1B visa holders manage this complexity through eligibility diagnostics to confirm extension requirements and identify beyond-six-year provisions based on your I-140 status, expert guidance on LCA requirements and Form I-129 preparation with comprehensive documentation review, and legal review to strengthen petitions and minimize Request for Evidence risk. Our case management technology tracks deadlines for both principal workers and H-4 dependents, coordinates timing across multiple petitions, and provides status monitoring throughout the extension process with clear communication at each stage. We combine experienced immigration teams with purpose-built technology to keep your case on track from initial filing through H-1B approval. Start your H-1B extension evaluation today.

Frequently asked questions

How often does an H-1B visa need to be renewed?

H-1B status is granted in three-year increments. File for visa renewal before each period expires. The maximum is six years for most H-1B workers. If you're pursuing permanent residency and have an approved or pending immigrant petition, you can extend beyond six years in one-year or three-year increments while waiting for your green card.

Can an H-1B visa be renewed in the USA?

Yes. Your employer files Form I-129 with USCIS to extend your H-1B status while you remain in the United States. This is called a change of status. The extension petition updates your authorized period without requiring you to leave the country. If you travel internationally, you need a valid H-1B visa stamp in your passport, which requires consular processing at a U.S. consulate abroad. The extension petition and visa stamping are separate processes.

How long does it take to renew an H-1B visa?

Standard processing times range from two to six months, depending on the USCIS service center and case complexity. Premium processing costs $2,805 and guarantees a decision within 15 calendar days. If your employer files the H-1B extension before your current period ends, you can continue working up to 240 days after expiration under the automatic extension provision during processing. This protection applies only if the extension petition was filed before the expiration date.

Will an H-1B extension cost $100,000?

No. This claim is false. Government fees for H-1B extensions range from $960 to approximately $5,765, depending on your employer's size and whether premium processing is used. Mandatory fees include the $460 base filing fee and the $500 fraud prevention fee. Some employers also pay the $4,500 Public Law fee if they have 50 or more H-1B employees with over 50% in H-1B or L-1 status. The $100,000 figure does not reflect actual extension costs and likely confuses renewal fees with unrelated expenses.

How do you extend an H-1B for another three years?

Your employer files Form I-129 before your current H-1B expires, submits a certified Labor Condition Application if required, provides evidence of continued specialty occupation employment, and pays all mandatory filing fees. USCIS reviews the extension petition and issues an approval notice if you meet eligibility requirements. You can continue working during processing if your employer filed before expiration under the 240-day automatic extension rule.

What is the new H-1B rule for 2025?

Recent USCIS policy updates clarify extension procedures and fee structures, but the fundamental extension process remains consistent. The most significant recent regulatory changes modernizing H-1B regulations clarified specialty occupation definitions, improved H-4 dependent processing, and updated cap-exempt employer provisions. A final rule also addressed beneficiary protections and processing improvements. For the most current information on regulatory changes affecting H-1B extensions, review the USCIS H-1B FAQ page.

American Lighthouse Inc. is not a law firm. American Lighthouse Inc. provides software and services for immigration document preparation.